who is at fault - German Shepherd Dog Forums
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post #1 of 28 (permalink) Old 01-26-2012, 09:57 PM Thread Starter
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who is at fault

my apartment complex has a tendency of "forgetting to send out notifications" to enter my apartment. well i just found out today that they changed my air filter.. i had no idea they did, nor did my roommate... therefore they did not tell me they were entering my apartment... i have a german shepherd just like the majority of you, what if she was not confined in my room. what if she felt threatened and decided to bite a worker guy for entering my apartment. I know its against the law and i will bring it to their attention tomorrow but there is no reason they should not have told me they were going it.. so the question is

Who would be at fault if they entered my apartment without prior notice or consent and got bitten...


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, Mar 19, 2011

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post #2 of 28 (permalink) Old 01-26-2012, 10:05 PM
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wow, good question. i have no idea but
my gut feeling is saying you're liable.
i hope i'm wrong.
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post #3 of 28 (permalink) Old 01-26-2012, 10:05 PM
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You need to contact a lawyer, and or move. The laws in my province state I must receive notice of entry at least 24 hours in advance - except in cases of emergency.

If they did not have an emergency and entered my apartment, they would be in very thick water indeed. Seriously, write a scathing letter to the building management property. Routine maintenance is their duty as your landlord - but they MUST give notice.

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post #4 of 28 (permalink) Old 01-26-2012, 10:07 PM
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I would think that as long as they know the dog is there, its their fault. They shouldn't enter without at least a 24 hour warning anyway--dog or no dog. I have never had a landlord stupid enough to come into my house while I had dogs...they actually got me out of lots of stuff

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post #5 of 28 (permalink) Old 01-26-2012, 10:07 PM
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That probably depends on the state or city you live in. Here in Massachusetts, the victim is usually turned into a criminal for 'excessive force'. The criminal becomes the victim and sues the person he was attacking/robbing and usually wins.
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post #6 of 28 (permalink) Old 01-26-2012, 10:14 PM
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The 24 hour thing varies by state and locale but I would sure make it known -- hopefully they are fine with the dog being there.

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post #7 of 28 (permalink) Old 01-26-2012, 10:22 PM Thread Starter
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I figured as much it would be their fault. I am really happy that nothing happened but i am very unhappy with management right now. I will talk to them tomorrow.. well i will attempt to talk to them, i may get a little more angry than normal conversation.


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post #8 of 28 (permalink) Old 01-26-2012, 10:30 PM
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Yeah, I would definately get angry with them. What if you just got out of the shower or something and they just popped in? For them to come unannounced is wrong on so many levels...

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post #9 of 28 (permalink) Old 01-26-2012, 10:37 PM Thread Starter
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Quote:
Originally Posted by PupperLove View Post
Yeah, I would definately get angry with them. What if you just got out of the shower or something and they just popped in? For them to come unannounced is wrong on so many levels...
I agree.. that actually happened to my roommate on one occasion. she was in the shower, but we had done a maintenance request so we knew they would be around sometime that day. We were not mad about that. But this, I will be.


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post #10 of 28 (permalink) Old 01-26-2012, 11:08 PM
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Read your lease. What does it say about someone coming in?
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